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Communtity Law Manual | Disputes Tribunal | Rehearings by the Disputes Tribunal

Challenging a Disputes Tribunal decision

Rehearings by the Disputes Tribunal

What are the grounds for a rehearing?

Disputes Tribunal Act 1988, ss 42(2), 49

Usually, the Tribunal will only grant a rehearing of the dispute if one party can show that not all the relevant information was available, or that a mistake was made, or that something else went wrong that prevented a proper decision from being made. For example, a person might apply for a rehearing if:

  • that person (or his or her witness) was unexpectedly unable to attend the hearing for a valid reason, or
  • the referee made a material error in stating the amount of money a party had to pay as compensation (for example, incorrectly added up losses), or
  • after a hearing at which the referee approved an agreement between the parties, either party discovers facts:
    • that are directly relevant to the dispute, and
    • that could not have been obtained before the hearing, and
    • that would have had a bearing on whether the party would have agreed to the settlement.

A rehearing will not be granted just because one party disagrees with the decision.

Who hears a rehearing?

The same referee who heard the original case will consider the application and decide whether to grant a rehearing.

However, if a rehearing is granted, it will be conducted by a new referee.

What does a rehearing cost?

There is no fee for applying for a rehearing.

What is the time limit for applying for a rehearing?

Either party has 20 working days after the original decision to apply for a rehearing.

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